USFWS Federal Migratory Bird Special Purpose Salvage Permits
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Statement of Purpose
This page is for information on USFWS Federal Migratory Bird Special Purpose Salvage Permits.
Contributors
USFWS Federal Migratory Bird Special Purpose Salvage Permits
Federal Migratory Bird Special Purpose Salvage Permits are administered by the Department of Interior U.S. Fish and Wildlife Service and authorize collection of dead migratory birds, abandoned nests, nonviable eggs, and parts (feathers, skulls, etc.) for scientific research and educational purposes (CFR Title 50 Parts 10, 13, and 21.27). These permits serve as an exemption to the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703–712, MBTA), which prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species. Under a USFWS Federal Migratory Bird Special Purpose Salvage permit, take must be opportunistic, with permittees playing no role in the killing or death of encountered birds or their parts. Possession of salvaged birds for personal use is prohibited, with all salvaged material to be transferred to a public scientific or educational institution, zoological park, museum or scientific society. A list of species protected under the MBTA, which also includes non-migratory species, can be found here.
Exceptions:
- Salvage of threatened and endangered (T&E) bird species listed under the Endangered Species Act (50 CFR 17.11) is not authorized by this permit. Permit holders may contact the appropriate USFWS agent to formally sanction take of dead T&E species encountered in the field. If granted, T&E specimens will remain federally owned, but may be reposited by an authorized local institution.
- Salvage of Bald Eagles or Golden Eagles is not authorized by this permit. Any dead eagle must be immediately reported to the local USFWS Office of Law Enforcement and regional Migratory Bird Permit issuing office to gain clearance before shipping to the National Eagle Repository.
- Before salvaging birds killed by suspected illegal activity, permittees must contact the USFWS Office of Law Enforcement for authorization.
Additional requirements:
- Most US states require that persons hold a state-issued salvage permit (see Salvage Permits (US)) in addition to the USFWS Federal Migratory Bird Special Purpose Salvage Permit. The federal permit allows for salvage activity anywhere in the US that the permittee has corresponding state authority. Therefore, in order for a Federal Migratory Bird Special Purpose Salvage Permit to be valid, license holders must comply with state salvage regulations.
- Additional authorization is necessary for salvage activities occurring on US federal or state lands and private property, generally in the form of prior written authorization, permission, or permits from the relevant agency or landowner.
- Permittees must submit an annual salvage report each year that minimally documents the species salvaged, dates, localities, and final disposition (FWS Form 3-200-7, OMB 1018-0022). Even in the case of no permit activity, an annual report should be submitted.
Other Considerations:
- A copy of the USFWS Federal Migratory Bird Special Purpose Salvage Permit should accompany permittees in the field.
- Properly document compliance by including a copy of the permit or reference the permit number in the corresponding accession files of salvaged specimens.
Resources
- Application and Annual report form: https://omb.report/icr/202001-1018-001/doc/98158501
- MBTA Policy and Protected Species: https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php
- Ornithological Council “All About Permits” https://birdnet.org/info-for-ornithologists/permits/
- The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c)]